Dog bite incident called into question during council meeting

     A May 9 dog-biting incident brought the property and dog owner to the May 15 Monticello City Council to plead her case to allow the family's dog to return to city limits.

   Lisa Burns explained to the council that her 6-year-old German Shepherd got out of their fenced-in yard "through a gate that was inadvertently left open" one morning and bit one of their neighbors during the 10 minutes the dog was loose.

   "Thankfully it was a very minor bite," she said. "The gentleman did not need medical attention, but I am deeply sorry that it happened."

   Burns said her dog is very protective; she's had him since he was 12 weeks old.

   "In the almost four years that we've lived in Monticello," she added, "he's never gotten out of the fence before. I believe this is an isolated incident based on human error."

   She offered to follow through with a series of provisions to prevent her dog from getting out again: Reenforce their fence, install an alarm to put on their gate to alert them if it's left open again, and supervise their dog outside at all times.

   "He's a very loving dog," she shared "He loves spending time with my 2-year-old daughter and four nieces and nephews. I am asking that we be able to bring him home."

   Mayor Dave Goedken asked Burns if they ever take their dog out for walks for further public interaction.

   "Not as often as we'd like," she answered. "He is very leash-reactive at times."

   "Dogs are naturally very protective," Goedken said. "I would think we'd want your dog to go through a training session. That could change some of his habits about being over-protective when he's out of his natural area."

   Burns said she would be OK with that provision.

   Council member Candy Langerman disagreed.

   "I wouldn't say that the dog was being over-protective," she said. "They weren't even with the dog. He wasn't protecting anybody. He went on a man's front porch and bit him. They were not around. I find it hard to believe it was being over-protective. He wasn't near their house (when the incident happened). To me, that seems very aggressive."

   "It is a serious issue and I know it's unfortunate," expressed Goedken.

   He said whatever decision the council makes on this issue sets a precedence.

   Burns said her dog is currently outside of town on a friend's farm.

   She offered that years ago, a male roommate of hers was abusive toward the dog, which is why the dog is "uneasy around men at times."

   Goedken said Burns has to consider her neighbors, too, in a situation like this.

   "If he's aggressive toward anybody on the other side of the fence, that's threatening," he said. "That's not allowed."

   Langerman said the city has ordinances in place for a reason, and if someone's dog bites an individual, that's it.

   "With ownership of a big dog, that you know if very protective, comes a lot of responsibility," she told Burns. "You knew this. You had the responsibility to make sure the gate was latched."

   "The dog has shown that it is a risk," added Goedken.

   Council member Brenda Hanken said considering this incident with this particular dog has only happened once, and with the provisions Burns plans to put in place, in addition to taking it to a trainer, she could see giving Burns another chance.

   Police Chief Britt Smith said while this decision is up to the council, he would recommend training and a professional evaluation and recommendation before the dog is brought back into the community.

   "In 2020, prior to our current code, we would have allowed a dog who had an unprovoked at-large bite to remain in city limits with additional provisions," explained Smith. "When that code was changed, it was that streamlined language that was commonly used in a lot of communities that we ended up adopting."

   That means once a dog bites an individual, it's one and done.

   However, Smith said the city and police department could "exercise some discretion… to determine if an animal is safe to remain in the city limits." That being said, Smith said training is first and foremost on his list of enforced provisions.

   Another provision, Smith said Burns would need to update her home-owners insurance to make sure she is covered should this happen again and she's asked to cover someone medical's expenses.

   "I do think, under the right provisions, it (the dog) can remain safe for the community to be in the community," Smith said.

   He suggested Burns take her dog to someone like Tory Topping with Stone Hollow Dog Training in Cascade.

   "Whatever is put in place," continued Smith, "we, as the police department, are comfortable with following through those provisions and bringing bac the findings for the council."

   The council voted 4-1 to enact the suggested provisions and wait for an evaluation from a dog trainer before making a final decision on Burns' dog returning to the city. Langerman was opposed. (Council member Wayne Peach was absent.)